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The Common But Differentiated Responsibility Principle in Multilateral Environmental Agreements

The Common But Differentiated Responsibility Principle in Multilateral Environmental Agreements PDF Author: Tuula Honkonen
Publisher: Kluwer Law International B.V.
ISBN: 9041131531
Category : Law
Languages : en
Pages : 434

Book Description
Built in to every multilateral environmental agreement is a dilemma: how to incorporate justice and fairness on the one hand and effectiveness on the other. Our immense difficulty in meeting this two-edged imperative highlights the fact that we are, at best, at an early stage in the development of international environmental ethics, and that no coherent and effective ethical system yet exists in this context. This remarkable book starts from a conviction that the principle of common but differentiated responsibility (CBDR) offers the best way forward toward the much-desired goal of sustainable development. Presenting a full-scale, multidisciplinary assessment of the feasibility of the principle of CBDR in multilateral environmental agreements, encompassing legal and policy status perspectives as well as historical developments and future prospects, this study identifies issues and aspects in the theoretical and practical application of the CBDR principle. The author responds with in-depth knowledge and awareness to such specific questions as the following: What does the principle of common but differentiated responsibility entail in international environmental law, with special reference to international environmental treaties? How is the principle reflected in the burden-sharing design of current agreements? What problems and challenges does the practical application of the CBDR principle present to the international community and individual countries as well as to the international environmental regimes themselves? What factors should be taken into account when assessing the success or failure of the principle? What is the status of the principle in international environmental law (currently and possibly in the future), and what are its implications in the broader international context? The author examines methods for differentiation from both theoretical and actual treaty-level viewpoints. She offers examples from the negotiation history of international environmental treaties to shed light on the importance of information-sharing and wide participation during the negotiations. Recognizing that, in the international environmental field, problems of economic development and the geopolitics of global wealth distribution soon come to the fore, and that each stateand’s right to development should not be too heavily restricted under international environmental regimes, she demonstrates that the CBDR principle has a strong potential to formally integrate the environment and development at the international level. The study will be of immeasurable value in promoting understanding of how CBDR actually works. It will help lawyers and policymakers perceive how different parties want to use the principle, and to discern clearly what options could be chosen by the parties, which aspects are crucial, and what factors influence the effectiveness of the arrangements.

The Common But Differentiated Responsibility Principle in Multilateral Environmental Agreements

The Common But Differentiated Responsibility Principle in Multilateral Environmental Agreements PDF Author: Tuula Honkonen
Publisher: Kluwer Law International B.V.
ISBN: 9041131531
Category : Law
Languages : en
Pages : 434

Book Description
Built in to every multilateral environmental agreement is a dilemma: how to incorporate justice and fairness on the one hand and effectiveness on the other. Our immense difficulty in meeting this two-edged imperative highlights the fact that we are, at best, at an early stage in the development of international environmental ethics, and that no coherent and effective ethical system yet exists in this context. This remarkable book starts from a conviction that the principle of common but differentiated responsibility (CBDR) offers the best way forward toward the much-desired goal of sustainable development. Presenting a full-scale, multidisciplinary assessment of the feasibility of the principle of CBDR in multilateral environmental agreements, encompassing legal and policy status perspectives as well as historical developments and future prospects, this study identifies issues and aspects in the theoretical and practical application of the CBDR principle. The author responds with in-depth knowledge and awareness to such specific questions as the following: What does the principle of common but differentiated responsibility entail in international environmental law, with special reference to international environmental treaties? How is the principle reflected in the burden-sharing design of current agreements? What problems and challenges does the practical application of the CBDR principle present to the international community and individual countries as well as to the international environmental regimes themselves? What factors should be taken into account when assessing the success or failure of the principle? What is the status of the principle in international environmental law (currently and possibly in the future), and what are its implications in the broader international context? The author examines methods for differentiation from both theoretical and actual treaty-level viewpoints. She offers examples from the negotiation history of international environmental treaties to shed light on the importance of information-sharing and wide participation during the negotiations. Recognizing that, in the international environmental field, problems of economic development and the geopolitics of global wealth distribution soon come to the fore, and that each stateand’s right to development should not be too heavily restricted under international environmental regimes, she demonstrates that the CBDR principle has a strong potential to formally integrate the environment and development at the international level. The study will be of immeasurable value in promoting understanding of how CBDR actually works. It will help lawyers and policymakers perceive how different parties want to use the principle, and to discern clearly what options could be chosen by the parties, which aspects are crucial, and what factors influence the effectiveness of the arrangements.

Engaging Countries

Engaging Countries PDF Author: Edith Brown Weiss
Publisher: MIT Press
ISBN: 9780262731324
Category : Law
Languages : en
Pages : 644

Book Description
This study systematically examines how states implement and comply with international environmental accords.

Environmental Diplomacy

Environmental Diplomacy PDF Author: Lawrence Susskind
Publisher: Oxford University Press, USA
ISBN: 0199397996
Category : Business & Economics
Languages : en
Pages : 246

Book Description
"International environmental agreements have increased exponentially within the last five decades. However, decisions on policies to address key issues such as biodiversity loss, climate change, ozone depletion, hazardous waste transport, and numerous other planetary challenges require individual countries to adhere to international norms. Environmental Diplomacy: Negotiating More Effective Global Agreements provides an accessible narrative on understanding the geopolitics of negotiating international environmental agreements and clear guidance on improving the current system. Authors Lawrence Susskind and Saleem Ali expertly observe international environmental negotiations to effectively inform the reader on the geopolitics of protecting our planet. This second edition offers an additional perspective from the Global South as well as providing a broader analysis of the role of science in environmental treaty-making. It provides a unique contribution as a panoramic analysis of the process of environmental treaty-making"--Unedited summary from book cover.

International Environmental Law

International Environmental Law PDF Author: Pierre-Marie Dupuy
Publisher: Cambridge University Press
ISBN: 1108423604
Category : Law
Languages : en
Pages : 597

Book Description
A concise, clear, and legally rigorous introduction to international environmental law and practice covering the very latest developments.

Guide for Negotiators of Multilateral Environmental Agreements

Guide for Negotiators of Multilateral Environmental Agreements PDF Author: United Nations Environment Programme
Publisher: UNEP/Earthprint
ISBN: 9789280728071
Category : Business & Economics
Languages : en
Pages : 70

Book Description
A tool to help negotiators of Multilateral Environmental Agreements to prepare strategies and to participate more effectively in the negotiations and focus on environmental issues, their creation of binding international law, and their inclusion.

Environmental Integration in the EU's External Relations

Environmental Integration in the EU's External Relations PDF Author: Gracia Marín Durán
Publisher: Bloomsbury Publishing
ISBN: 184731919X
Category : Law
Languages : en
Pages : 298

Book Description
The book examines the integration of environmental protection requirements into EU external relations focusing on unilateral, bilateral and inter-regional instruments, which have been less explored than the multilateral dimension of EU environmental policy. The book also explores for the first time the complex interplay and mutual influences between EU environmental integration initiatives and environmental multilateralism. On the one hand it identifies the legal and other instruments used by the EU to support the implementation of multilateral environmental agreements in third countries (particularly developing ones). On the other hand, it singles out the legal and other tools employed by the EU as a means to build partnerships with third countries in order to influence ongoing multilateral negotiations concerning the environment and sustainable development, or to contribute to the development of new international environmental norms in the absence of such multilateral negotiations. Ultimately, the book traces the significant evolution of the various tools deployed by the EU to integrate environmental concerns in its external relations, with a view to identifying emerging challenges and future directions.

Procedure and Substance in International Environmental Law

Procedure and Substance in International Environmental Law PDF Author: Jutta Brunnée
Publisher: BRILL
ISBN: 9004444386
Category : Law
Languages : en
Pages : 240

Book Description
The interplay between procedure and substance has not been a major point of contention for international environmental lawyers. Arguably, the topic’s low profile is due to the mostly uncontroversial nature of the field’s distinction between procedural and substantive obligations. Furthermore, the vast majority of environmental law scholars and practitioners have tended to welcome the procedural features of multilateral environmental agreements and their potential to promote regime evolution and effectiveness. However, recent developments have served to put the spotlight on certain aspects of the procedure substance topic. ICJ judgments revealed ambiguity on aspects of the customary law framework on transboundary harm prevention that the field had thought largely settled. In turn, in the treaty context, the Paris Agreement’s retreat from binding emissions targets and its decisive turn towards procedure reignited concerns in some quarters over the “proceduralization” of international environmental law. The two developments invite a closer look at the respective roles of, and the relationship between, procedure and substance in this field and, more specifically, in the context of harm prevention under customary and treaty law.

The Environment and International Relations

The Environment and International Relations PDF Author: Kate O'Neill
Publisher: Cambridge University Press
ISBN: 1139476181
Category : Political Science
Languages : en
Pages : 265

Book Description
This exciting textbook introduces students to the ways in which the theories and tools of International Relations can be used to analyse and address global environmental problems. Kate O'Neill develops an historical and analytical framework for understanding global environmental issues, and identifies the main actors and their roles, allowing students to grasp the core theories and facts about global environmental governance. She examines how governments, international bodies, scientists, activists and corporations address global environmental problems including climate change, biodiversity loss, ozone depletion and trade in hazardous wastes. The book represents a new and innovative theoretical approach to this area, as well as integrating insights from different disciplines, thereby encouraging students to engage with the issues, to equip themselves with the knowledge they need, and to apply their own critical insights. This will be invaluable for students of environmental issues both from political science and environmental studies perspectives.

International Environmental Law

International Environmental Law PDF Author: Roger Romulus Martella
Publisher: Amer Bar Assn
ISBN: 9781627227377
Category : Law
Languages : en
Pages : 1107

Book Description
A practical analytical framework for understanding and analyzing a complex and confusing regime of international environmental laws, this resource begins by considering the current state of play of international environmental law and describes the framework for approaching an issue in this area. The book provides a template for analyzing critical international environmental law issues, considers the legal regimes in twenty-six key markets that span the globe, and concludes by discussing global and cross-border matters.

Institutional Interplay

Institutional Interplay PDF Author: Oran R. Young
Publisher: Brookings Institution Press
ISBN:
Category : Business & Economics
Languages : en
Pages : 226

Book Description
International institutions and the consequences of their interplay are emerging as a major agenda item for research and policy. As governments enter into an ever-increasing number of international agreements, questions arise about the overlap of issues, jurisdiction and membership. Of particular interest to practitioners and analysts is how this mélange of institutions at the international level intersects and interrelates to influence and affect the content, operation, performance and effectiveness of a specific institution, as well as the functioning of the overall global governance context. Biosafety, an issue relevant to numerous institutions, offers a case study for exploring and applying interplay in practical terms.--Publisher's description.